be superseded by statute, but unless superseded it controls. Wharton. It is by others defined as the
unwritten law the law that receives its binding force from immemorial usage and universal reception, as
ascertained and expressed in the judgments of the courts. This term is often used in contradistinction
from statute law. Many use it to designate a law common to the whole country. It is also used to designate
the whole body of English (or other) law, as distinguished from its subdivisions, local, civil, admiralty,
equity, etc. See Law. — Common lawyer, one versed in common law. — Common lewdness (Law),
the habitual performance of lewd acts in public. — Common multiple (Arith.) See under Multiple. —
Common noun (Gram.), the name of any one of a class of objects, as distinguished from a proper
noun — Common nuisance (Law), that which is deleterious to the health or comfort or sense of
decency of the community at large. — Common pleas, one of the three superior courts of common
law at Westminster, presided over by a chief justice and four puisne judges. Its jurisdiction is confined
to civil matters. Courts bearing this title exist in several of the United States, having, however, in some
cases, both civil and criminal jurisdiction extending over the whole State. In other States the jurisdiction
of the common pleas is limited to a county, and it is sometimes called a county court. Its powers are
generally defined by statute. — Common prayer, the liturgy of the Church of England, or of the Protestant
Episcopal church of the United States, which all its clergy are enjoined to use. It is contained in the
Book of Common Prayer. — Common school, a school maintained at the public expense, and open
to all. — Common scold (Law), a woman addicted to scolding indiscriminately, in public. — Common
seal, a seal adopted and used by a corporation. — Common sense. (a) A supposed sense which
was held to be the common bond of all the others. [Obs.] Trench. (b) Sound judgment. See under
Sense. — Common time (Mus.), that variety of time in which the measure consists of two or of four
equal portions. — In common, equally with another, or with others; owned, shared, or used, in community
with others; affecting or affected equally. — Out of the common, uncommon; extraordinary. — Tenant
in common, one holding real or personal property in common with others, having distinct but undivided
interests. See Joint tenant, under Joint. — To make common cause with, to join or ally one's self
with.
Syn. — General; public; popular; national; universal; frequent; ordinary; customary; usual; familiar; habitual; vulgar; mean; trite; stale; threadbare; commonplace.
See Mutual, Ordinary, General.
Common
(Com"mon) n.
1. The people; the community. [Obs.] "The weal o' the common." Shak.
2. An inclosed or uninclosed tract of ground for pleasure, for pasturage, etc., the use of which belongs
to the public; or to a number of persons.
3. (Law) The right of taking a profit in the land of another, in common either with the owner or with
other persons; — so called from the community of interest which arises between the claimant of the right
and the owner of the soil, or between the claimants and other commoners entitled to the same right.
Common appendant, a right belonging to the owners or occupiers of arable land to put commonable
beasts upon the waste land in the manor where they dwell. — Common appurtenant, a similar right
applying to lands in other manors, or extending to other beasts, besides those which are generally commonable,
as hogs. — Common because of vicinage or neighborhood, the right of the inhabitants of each of
two townships, lying contiguous to each other, which have usually intercommoned with one another, to
let their beasts stray into the other's fields. - - Common in gross or at large, a common annexed to
a man's person, being granted to him and his heirs by deed; or it may be claimed by prescriptive right,
as by a parson of a church or other corporation sole. Blackstone. — Common of estovers, the right
of taking wood from another's estate. — Common of pasture, the right of feeding beasts on the land
of another. Burill. — Common of piscary, the right of fishing in waters belonging to another. —
Common of turbary, the right of digging turf upon the ground of another.
Common
(Com"mon), v. i.
